Ramdas Dattarao Kadam And ORS. v. Santosh Rameshrao Kamble

8960.23CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO.8960 OF 2023 IN SECOND APPEAL STAMP NO.32571/2021 RAMDAS DATTARAO KADAM & OTHERS

VERSUS

SANTOSH RAMESHRAO KAMBLE ...

Advocate for Applicants : Mr.N.P.Wangikar ...

CORAM :ARUN R. PEDNEKER, J.

DATE :08.08.2023 P.C. :

1] The present Civil Application is filed to set aside the order dated 20th April, 2022 passed by the Registrar [Judicial] by condoning delay of 429 days in filing the present Civil Application.

2] The learned counsel for the applicants submits that due to oversight, the advocate appearing on behalf of the applicants did not remove the office objection within time. The learned counsel for the applicants further submits that when in the month of June, 2023 the Advocate taken online search regarding status of the Second Appeal, then

8960.23CA the advocate found that by order dated 20th April, 2022 the registration of the Second Appeal stands rejected. Thereafter, the present Civil Application is filed for restoration. Due to oversight delay is caused in filing the present Civil Application and the same is not intentional and deliberate. The learned counsel for the applicants submits that considering the said facts, the present Civil Application may be allowed.

3] For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. The order dated 20.04.2022 passed by the Registrar to the extent it is made applicable to the applicants is quashed and set aside. Accordingly, Civil Application is disposed of. 4] The applicants to remove office objections within a period of three weeks from today.

[ARUN R. PEDNEKER] JUDGE DDC